Privacy Policy 1. Controller and contact details

The controller responsible for the processing described in this Policy is:

• Ihor Horemykin, sole proprietor, trading as FileDonkey. FileDonkey is a trade name and not a separate legal entity.
• Postal address: [registered trading address to be inserted]
• Email: [email protected]

We have not appointed a Data Protection Officer, as we are not required to do so under Article 37 GDPR. Enquiries relating to this Policy should be addressed to the email address above.

2. Scope

This Policy applies to the Site and to the Application. It does not apply to third-party websites that we link to, which are governed by their own privacy policies.

3. Data the Application does not collect

Because it materially affects the assessment a reader will make of the rest of this Policy, we state the following expressly. The Application creates a virtual disk that reads files from another device over your own local network. In ordinary operation:

• the contents, names and directory structures of your files are transmitted only between your own devices, and are not sent to us or to any third party;
• no copy of your files is made on any server operated by or for us;
• the Application requires no account, no registration and no email address in order to function; and
• the Application does not incorporate analytics, telemetry, advertising identifiers or usage-tracking of any kind.

The Application transmits data to us only in the single circumstance described in section 5. The analytics described in section 7 are a feature of the Site alone: no part of it is present in, or reachable from, the software you install.

4. Mailing list 4.1 Data collected

Where you submit the subscription form on the Site, we collect the email address you enter. No other field is requested. Our server additionally receives the IP address and browser user-agent string from which the request originates, as is inherent in the operation of any internet service.

4.2 Purpose and legal basis

We process this data to send you occasional messages about the development, release and availability of FileDonkey. The legal basis is your consent under Article 6(1)(a) GDPR, given by your submission of the form. You may withdraw that consent at any time, without giving reasons and without detriment, by using the unsubscribe mechanism in any message or by writing to [email protected]. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.

We do not use your email address for advertising unrelated products, and we do not disclose, rent, sell or otherwise make it available to third parties for their own marketing purposes.

5. Feedback and bug reports 5.1 When this applies

The Application contains a feedback dialog which transmits a report to us. Nothing is transmitted unless you open that dialog and confirm the send. If you never use it, the Application sends us no data at all.

5.2 Data contained in a report

A report consists of the following. Every field except the first is optional, and the dialog states as much:

• A device identifier. A value supplied by your operating system which is stable for the device. Its sole purpose is to allow two reports from the same device to be recognised as related. It does not identify you by name, but because it is persistent and unique to a device it is treated in this Policy as personal data.
• Your email address, if you enter one. It is used only to reply to you about the report. Leaving it blank submits the report anonymously, and the dialog says so.
• Your description of the problem or suggestion, if you write one. This is free text and its contents are determined entirely by you.
• A diagnostic log, if and only if you leave the corresponding option enabled. Section 5.3 describes what it contains.

Our server additionally receives the IP address from which the report is sent, and an application user-agent string identifying the FileDonkey version, release stage, operating system name and CPU architecture.

5.3 Contents of the diagnostic log

Where you elect to attach a log, the attachment comprises the current and immediately preceding run of the Application. Each begins with a header recording the FileDonkey version, the operating system name and CPU architecture, the kernel type and version, the Qt framework version, the network name (hostname) of your computer, and the file path at which the log is stored, which on most systems contains your operating-system user name. The remainder consists of diagnostic messages recorded during operation.

5.4 Purpose and legal basis

We process reports in order to identify, reproduce and correct faults, to evaluate suggestions, and where you have supplied an address, to correspond with you about your report. The legal basis is our legitimate interest under Article 6(1)(f) GDPR in maintaining and improving the security and correct functioning of software we supply. We consider that interest is not overridden by your interests or fundamental rights, having regard to the voluntary nature of every report, the ability to submit one anonymously, the fact that the diagnostic log is opt-out at the point of sending, and the limited categories of data involved. You may object to this processing on grounds relating to your particular situation under Article 21 GDPR.

6. Purchases and preorders

Where we offer paid licences or preorders, payment is handled by an external payment provider. That provider acts as an independent controller in respect of the card or payment-account data you give it, and processes that data under its own privacy policy. We do not receive or store full payment card numbers. We receive only the information necessary to issue and administer your licence, such as your name, email address and the fact and amount of the transaction, processed on the basis of Article 6(1)(b) GDPR, performance of a contract, and Article 6(1)(c) GDPR in respect of the retention of accounting records.

[The payment provider is to be named here before any payment is accepted, and this section reviewed against that provider's terms.]

7. Cookies and analytics on the Site 7.1 Which pages are concerned

Three pages of the Site — the home page, the downloads page and the preorder page — load Google Analytics for Firebase, a measurement service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The page you are reading, the licensing page, and the Application itself do not use it.

On those three pages the measurement library is fetched from Google's content delivery networks at gstatic.com and googletagmanager.com, and the data described below is sent to google-analytics.com. Requesting one of those pages therefore discloses to Google that a request was made from your IP address. On the remaining pages fonts and images are served from our own origin, no third-party script is embedded, and loading the page discloses your visit to no one but us.

7.2 What is stored on your device

The service places a pseudonymous identifier on your device, in cookies set on our own domain and in browser storage. Its purpose is to recognise a returning browser, so that repeat visits are not counted as new visitors. We do not link it to your name, to your email address, to a mailing-list subscription or to any bug report, and we make no attempt to identify you from it. It is nonetheless persistent and unique to a browser, and is therefore treated in this Policy as personal data.

7.3 What is collected

For a visit to one of those three pages, the following is processed:

• the address of the page visited, the page or search that referred you, and the time and duration of the visit;
• your IP address, from which Google derives an approximate location, ordinarily no more precise than a city or region, and which is not made available to us in its full form;
• technical characteristics of your device and browser, such as the browser and operating system, the screen size and the language setting; and
• events recording which of those pages was viewed and which links on them were followed.

We see only aggregated reports drawn from this data. We receive no identifier that would allow a visit to be attributed to a named individual, and we do not attempt to obtain one.

7.4 Purpose and legal basis

We use this data for one purpose: to know how many people reach the Site, and by which route, so that we can judge where effort on it is worth spending. It is not used for advertising, for profiling, or for building any picture of an individual, and the Site embeds no advertising or social-media tracking scripts of any kind.

Because the service stores and reads information on your terminal equipment, the legal basis is your consent, under Article 5(3) of Directive 2002/58/EC as implemented in your jurisdiction and Article 6(1)(a) GDPR. You may withdraw that consent at any time by the means in section 7.5. Withdrawal does not affect the lawfulness of processing carried out before it.

[A consent mechanism is to be added to the home, downloads and preorder pages, and the analytics script must not load until consent is given, before the basis stated in this paragraph holds for visitors in the EEA and the UK.]

7.5 How to refuse or withdraw

You may prevent this processing by refusing or deleting cookies for filedonkey.app in your browser settings, by using your browser's tracking-protection feature or a content blocker, or by installing the Google Analytics opt-out add-on at tools.google.com/dlpage/gaoptout. None of these affects your ability to read the Site, to download the Application or to use it.

8. Recipients and processors

We do not sell personal data and do not disclose it for the independent purposes of others. Data described in this Policy is disclosed only to:

• Cloudflare, Inc., which provides the infrastructure and database on which our service endpoints and stored reports are operated, acting as our processor under Article 28 GDPR;
• Google Ireland Limited, which provides the Site analytics described in section 7, acting as our processor under Article 28 GDPR on the terms of the Google Analytics data processing amendment;
• our payment provider, in the circumstances described in section 6; and
• public authorities, where disclosure is required by law, or is necessary to establish, exercise or defend legal claims.

[Any additional hosting or email-delivery provider is to be named here.]

9. International transfers

Our processors may process data outside the European Economic Area, including in the United States. Where that occurs, the transfer is made on the basis of the European Commission's Standard Contractual Clauses adopted under Article 46(2)(c) GDPR, or another lawful transfer mechanism applicable to the recipient. A copy of the relevant safeguards may be requested at the address in section 1.

10. Retention

We retain personal data no longer than is necessary for the purpose for which it was collected:

• Mailing list: until you unsubscribe or otherwise ask us to erase your address, after which it is deleted without undue delay.
• Feedback and bug reports: for so long as the underlying issue remains open and for a reasonable period thereafter to detect recurrence, and in any event no longer than [retention period to be confirmed, e.g. 24 months].
• Site analytics: the identifier on your device expires according to the lifetime of the cookie concerned, or sooner if you delete it; the event and user data held by Google is erased in accordance with the retention period configured in our analytics property, which does not exceed [retention period to be confirmed; 14 months is the longest Google Analytics offers].
• Transaction and accounting records: for the period required by applicable tax and commercial law.

11. Your rights

Subject to the conditions and exceptions in applicable law, you have the right to request access to your personal data (Article 15 GDPR), its rectification (Article 16), its erasure (Article 17), restriction of its processing (Article 18) and its portability (Article 20); to object to processing carried out on the basis of legitimate interests (Article 21); and to withdraw consent at any time where processing is based on consent (Article 7(3)).

To exercise any of these rights, write to [email protected]. We will respond within one month of receipt, which may be extended by two further months where necessary having regard to the complexity and number of requests, in which case we will inform you of the extension and the reasons for it. We may ask for information reasonably necessary to confirm your identity.

You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement (Article 77 GDPR). In the United Kingdom, the supervisory authority is the Information Commissioner's Office.

12. Automated decision-making

We do not carry out automated decision-making, including profiling, producing legal effects concerning you or similarly significantly affecting you within the meaning of Article 22 GDPR.

13. Children

The Site and the Application are not directed at children, and we do not knowingly collect personal data from a child. Where we become aware that we have collected personal data from a child without appropriate consent, we will erase it without undue delay.

14. Security

We apply technical and organisational measures appropriate to the risk, in accordance with Article 32 GDPR. Data in transit between the Application, the Site and our endpoints is protected by TLS. Access to stored reports and subscriber addresses is restricted to those who require it for the purposes set out in this Policy. No method of transmission or storage is entirely secure, and we cannot guarantee absolute security.

15. Changes to this Policy

We may amend this Policy from time to time. The version and effective date at the head of this page will be updated accordingly. Where a change materially affects how we process personal data already collected, we will take reasonable steps to notify you in advance, including by email where we hold an address for you and the change concerns that processing.

16. Contact

Questions about this Policy, or about how your personal data is handled, may be sent to [email protected].